Professional Documents
Culture Documents
Pakistan Legal Systems
Pakistan Legal Systems
LAW
A rule established by authority, society or custom based on reason as quoted: Law is nothing but reason and that what is not reason is not law.
2
LAW
Conduct of an individual enforce by the court of law. Law is an elusive term defying a comprehensive definition Law means any rule of action Ranges from scientific laws to religious laws, international law, etc.
3
TYPES OF LAW
The law on the basis of its source is divided into two types
1. 2.
COMMON LAW
Other Law
1.
Common Law Civil Law
Law
2.
Statute Law Criminal Law
Islamic Law
3.
5
Any unwritten & generally applied system of law based on conduct, decisions, usage and customs The community in which somebody lives controls the conduct of an individual It is universally applicable e.g. Penchyet & Jerga system
6
STATUE LAW
Made by the legislative body of the representative Govt. or order by a ruler In Pakistan the statute law is notified in extra ordinary gazette of Govt. & later published in a book
7
CIVIL LAW
It provides remedies for personal suffering or private rights of individual It is code of behavior for better society. It does not concern with community as a whole e.g. 1. Divorce cases 2. Industrial Injuries 3. Medical negligence
9
CRIMINAL LAW
Involves Crimes & its Punishment
Body of law, which exists for better Govt. of persons within the state. It includes all offenses against the law. Personal conduct observed by all & total prohibition of some act or even omission is enforced by punishment for better Govt. e.g. 1. Road accident 2. Murder
10
ISLAMIC LAW
Based on teaching of Holy Quran & Sunnah. It can both be criminal & civil. It is provided in the constitution of Islamic Republic of Pakistan that all existing laws shall be brought in conformity with the Holy Quran & Sunnah.
11
12
COURTS OF LAW
Places where people bring their grievances against others for justice When a person is accused of a breach of criminal law or contract, complaint is brought before a court for trial. A judge preside over the hearing and records all the evidence in writing presented to him by both the parties. He finally concludes the proceeding giving his decision in writing His conclusion is called judgment
13
14
Entrance of Judge
JUDGE
TYPIST
Judge Steno typist Reader Applicant Defendant Lawyers of the Applicant & Defendant
15 16
P
Law Officer Waiting Advocate
Public Seats
Civil Courts
Civil Courts
3rd Instance
Criminal courts
Criminal Courts
17
18
HIGH COURTS
There is a High Court in each of the 4 provinces The Islamabad capital Territory falls within jurisdiction of the Federal High Court. A High Court consists of a Chief Justice and so many other judges as may be determined by law or as may be fixed by the President. At present, the Lahore High Court of Punjab, The High Court of Sindh, The Peshawar High Court of NWFP and High Court of Balochistan consists of 20, 28, 15 and 6 judges including the Chief Justices respectively.
22
Jurisdiction
A High Court has two type of jurisdiction:-
25
26
Original Jurisdiction
A High Court has, under the Constitution, original jurisdiction to make an order:1. Directing a person within the territorial jurisdiction of the Court to refrain from doing anything he is not permitted by law or to do anything he is required by law. 2. Declaring that any act done by a person without lawful authority is of no legal effect. 3. Directing that a person in custody be brought before it, so that the court may satisfy itself that he is not being held unlawfully;
27
4. Giving such directions to any person/authority, for the enforcement of fundamental rights conferred by the Constitution. 5. A High Court has the power to withdraw any civil or criminal case from a trial court and try it itself.
28
Appellate Jurisdiction
A High Court has extensive appellate jurisdiction against the judgments, decisions, decrees and sentences passed by the civil and criminal courts. A High Court has the power to make rules regulating its practice and procedure and of courts subordinate to it. Each High Court supervises and controls all courts subordinate to it and any decision of a High Court binds all courts subordinate to it.
SUPREME COURT Highest court of appeal Supervise all courts in Pakistan Deal with refer cases or appeal against high court Laws declared by it are binding for all courts Can pass any sentence
29
30
The Supreme Court is at the apex of the judicial systems of Pakistan. It consists of a Chief Justice known as Chief Justice of Pakistan and such number of other judges as may be determined by the Act of Parliament. At present, besides the Chief Justice, there are thirteen other Judges in the Supreme Court.
31
Jurisdiction
The Supreme Court has:Original jurisdiction. Appellate jurisdiction. Advisory jurisdiction.
Original Jurisdiction
The Supreme Court, to the exclusion of every other Court in Pakistan, has the jurisdiction to pronounce declaratory judgments in any dispute between the Federal Government or a provincial government or between any two or more provincial governments.
33
34
Appellate Jurisdiction
The Supreme Court has jurisdiction to hear appeals against judgments, decrees, final orders or sentences passed by a High Court, the Federal Shariat Court and the Services Appellate Tribunals. An appeal to the Supreme Court can be made as a matter of right for certain cases while for the rest the Court hears an appeal with its prior permission
35
Advisory Jurisdiction
If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. The Supreme Court considers the question so referred and reports its opinion on the question to the President. Seat of the Supreme Court:- The permanent seat of the Supreme Court is at Islamabad, but it also runs circuits at Lahore, Karachi, Peshawar and Quetta.
36
Transfer of Cases
The Supreme Court may, if it considers expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court. All executive and judicial authorities throughout Pakistan are required to act in aid of the Supreme Court. Any decision of the Supreme Court to the extent it decides a question of law or is based upon or enunciates a principle of law is binding on all courts in Pakistan. The Supreme Court has the power to review any judgment pronounced buy it or any order made by it.
37
JUVENILE COURT
Children below 15 years Kept at reformatory jail upto 18 years Capital Punishment is not awarded
38
40
FAMILY COURTS
Decide the cases like Divorce and Family Disputes
LABORS COURTS
Deals with the labor act regarding the labors
MILITARY COURTS
Military Courts deals with all of the Army Cases
42
SERVICE TRIBUNAL
Deals Civil Service Matters Equal to High Court
2.
3. 4.
Any child below 7 is not liable to be punished Child between 7 to 12 is punished if court thinks that he can understand the nature & consequences of his act Intoxication Insanity
45
into the cause of death, which is apparently not due to natural causes. Explanation: In case of un-natural deaths an urgent investigation into the cause of death is a must to apprehend & punish the criminals.
46
Affidavit
Written declaration under oath
47
48
DOCUMENT
Means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of these means, which may be used as evidence for that matter.
EVIDENCE
It includes all legal means which help to prove or disprove any matter or fact, or truth, which is submitted to judicial proceedings.
49
50
ORAL EVIDENCE
All statement which the court permits or requires to be made before it by witness regarding matter under inquiry are called oral evidence.
51
DIRECT EVIDENCE
It must be the evidence of an eye witness. If it refers to a fact which could be seen, heard or perceived by his senses. If oral evidence refers to any material thing the court may require the production of those things, for its inspection. e.g. blood stained knife, or clothing or poison.
52
INDIRECT EVIDENCE
Hear & Say Evidence Not the evidence of an eye witness, evidence of a person received it through the process of hear & say. Not permissible in court Except Dying Declaration
TYPES
1. 2.
Primary Documents Secondary Document Original Documents, Parts & Counter Parts, printing, photography or lithography Attested or certified copies
1. 2.
53
54
EXHIBIT
Mean & include any document or object produced for inspection of court or shown to witness while giving evidence.
FACT
Anything, state of things or relation of things perceived by sense
CRIME
Any social harm punishable by court of law.
COURTS
Place where law cases are heard.
55 56
An act or omission made punishable by law for the time being in force. Types (Cognizable, Non-Cognizable) COGNIZABLE: it means an offence for which police may arrest the offender without warrant, e.g. in criminal cases like murder, rape. NON COGNIZABLE: It means an offence for which police may not arrest the offender without warrant from the magistrate, e.g. in civil cases.
57
OFFENCE
WARRANT
Warrant is an authority under the seal and signature of the court to a person to arrest somebody and produce before the court to be dealt with according to law. Bail able, Non Bail able.
58
INQUIRY
Any investigation other than a trial conducted by a Magistrate or Court.
ASSAULT
An assault is an offer of threat or attempt to apply force to the body of another in a hostile manner
INVESTIGATION
Proceedings undertaken for collection of evidence by police or anyone, other than magistrate, under the direction of the code of criminal procedure (Cr PC).
59
BATTERY
Actual application of unlawful force to another.
60
10
ORDINANCE
Any law issued by the president when the session of assembly is not going on. It should be passed by the parliament within three months of date of issue, otherwise become invalid
OATH
Before giving evidence, a witness is required to swear by Almighty Allah that he/she will tell the truth, the whole truth, and nothing but the truth.
ACT
Law, which is approved by the parliament.
61
62
OATH
I solemnly affirm that I shall speak the truth, whole truth, nothing but the truth, & if, I tell a lie or conceal any fact, the Allah Almighty be angry with me .
63
64
65
11
IN PHYSICAL ASSAULT
According to Injured Person Act 2004 it is hear by an acted as follows: Injured Persons to be treated on Priority Basis Non Interference by the Police Consent of Relatives Not Required in Certain Cases Shifting of an Injured Person to another Hospital Injured Person not to be taken to a Police Station The Person bringing the injured person to hospital not to be Harassed Penalty: With imprisonment which may extent to two years or with fine not less than 10,000 or both 68
Issuance of the Medico Legal Certificate Dying Declaration If any injured person is in Precarious Condition and death is imminent. He may the only witness and there is no time to arrange a dying deposition. Any credible person can write down his evidence as a dying declaration. Medical Doctor being Incharge of the patient would be the logical choice. Dying declaration is valid only after the death of the victim
69
DYING DEPOSITION
It is a statement of a witness given on oath in a court of law, taken down in the writing in the presence and hearing of the accuse and signed by person making of by judge of court of law
70
Dying Declaration 1. Legal formalities of oath are not necessary 2. It can be recorded by any capable person, including the attending Doctor 3. Presence of the accused is not necessary
Dying Deposition 1. Oath is an essential Prerequisite 2. A justice of piece can only record it
Dying Declaration 4. Case must be a criminal one of homicide & Circumstances of death is the subject of the declaration. 5. It should contain only the statement of the dying person & nothing else.
Dying Deposition 4. It can be recorded in any case when the witness is critically ill
5. It includes the statement of dying person & the crossexamination by the accused
72
71
12
Dying Declaration 6. It should be read over to him & if possible may be got signed by him 7. After record it must be sent to Ilaqa magistrate, sealed 8. It become valid only upon the death of the declarant
7. Formality unnecessary, being recorded by the justice of peace himself 8. It continuous to remain valid even after the recovery of the declarant
Legal Dictates
The evidence Must be facts (Truth) Should be direct Should come from original source
73 74
PURPOSE OF EVIDENCE
1. To lay before court all the witness known about the case 2. Should not omit any vital part for any reason 3. Evidence must be given orally on oath in the presence of accused
REQUIREMENTS OF EVIDENCE
1. Convey the court nothing but truth 2. Cross examination of the accused 3. Evidence must be factual & relevant to the case 4. Should not be hear-say evidence.
75
76
While entering or leaving the court room, show your respect to the Presiding officer. Use the word Your Honour while addressing the court. Be polite to the court staff.
78
13
If some reference paragraph is quoted, do not give opinion unless u read it yourself. Avoid long discussion & theoretical arguments in the court. Answers should be brief & to the point. Always avoid unnecessary talking with anyone else about the instant case. Avoid technical terms as much as you can. Dont loose temper in court because the lawyer would try to do that by asking irritating and meaningless questions.
79
If you dont know the meaning of anything plainly say I dont know. If some reference paragraph is quoted dont give opinion unless you read it yourself.
80
MEDICAL EVIDENCE
MEDICAL EVIDENCE
A. Oral Direct Indirect Circumstantial Opinion of expert B. Documentary Primary Secondary
CIRCUMSTANTIAL
It means facts from which some other facts can be inferred. Facts from which conclusion can be drawn Expert witness, finger prints Expert, Doctor
81
Oral evidence is more important than documentary evidence because it admits of cross-exam for its accuracy.
82
OPINION OF EXPERT
Conclusion drawn upon facts observed or presented to a trained & qualified person of his specialty. Medical opinion about weapon of offence, duration of injury based on characteristic of wound
COURT PROCEDURE
Several court procedures which a doctor must know in attending the court and tendering his evidence. Attendance in court Subpoena (summon) Warrants Conduct money Oath taking Recording of evidence Behavior of doctor in the court
84
1. 2. 3. 4. 5. 6.
83
7.
14
ATTENDANCE IN COURT
Most medical reports/certificates are not acceptable in court unless testified in the presence of accused and the person who prepare the reports i.e. Doctor. A document compelling a certain person in a given court at a certain time & place with reference of matter named there in the subject signed & stamped / sealed by the presiding officer of court. Purpose Evidence Document or object Accused of an offence
85 86
Who serve a summon Police Officer Officer of court Public servant Authorized officer of provincial govt. Duplicate one copy is signed & send back to court
Contents Bio-data Matter Time Place Signature of the court Stamp & seal of the court After the summon is served, the witness must attend the court to give evidence & produce document or other article as required by the court.
87 88
If summon is not observed by the witness In civil cases a written proclamation for his attendance & may issue warrant with or without bail for witness arrest & may also order attachment of his property. In Criminal cases issue warrant with or without bail of his arrest. For doctors may be excused if he is ill or genuine emergency.
89
90
15
An authority under the seal and signature of the court to a person to arrest somebody and produce before the court to be dealt with according to law. >Types of warrant 1,bailable 2,non-bailable warrant Issued by a court through police to compete the attendance of a witness in a court on a fixed date and time.
91 92
CONDUCT MONEY
It is the fees offered to a witness in civil case, at the time of serving of summons to cover the traveling expenses for attending the court. gets conduct money at the time of serving of summons.
the prosecuting party, the Medical officer will not be paid conduct money at the time of serving of summons but later on will be paid by the court.
93
Government Medical Officer will get fee, while private practitioner will get fee from the state or from private party.
94
1. 2. 3. 4.
95
16
ExaminationinChief
It is the first & main component of the evidence. It is done by the prosecution side, i.e. by the public prosecutor in state cases & by the lawyer engaged by the prosecution side. The questions are put to the witness, answers elicited & recorded by the court. Witness is to relate the facts fully within his/her knowledge regarding the case. Leading questions are not allowed but if the Judge is convinced that the witness is hostile, then the leading questions may be allowed.
97
Hostile witness
Hostile witness is one, who gives half truth or false evidence with some definite motive. The prosecution side can declare him/her as hostile and can cross examine such a person. The leading questions are permitted in such cases by the trial court.
98
Leading Questions
These are the questions which suggest their own answers, or the answers wished for, e.g. Did you not see Mr. Javaid while hitting Mr. Ali at his head by an Iron rod ? It should be, where were you at that time ? What did you see ? With what object did he hit ?
Second part of evidence, conducted by the opposite party & lawyer of defense side. It is required to test credibility of the witness, accuracy of evidence & willful omission of the facts. Leading questions are allowed. The defense lawyer always try to weaken the evidence of prosecution & try to prove before the court that evidence is untrustworthy & unbelievable. During cross examination the witness must be very careful and should not answer the questions, if he/she does not understand properly.
Cross Examination
100
Cross Examination
There is no time limit for cross examination. It may last for hours & even days. The Judge or Magistrate may disallow the irrelevant questions and cut short the cross examination.
Re-examination
It is the third stage of evidence providing an opportunity to clear up certain ambiguities that might have been made by the witness during cross examination. It is done by the prosecution side & lawyer engaged by the complainant party. No questions relating to new matters are asked. If new questions are asked, the defense lawyer will take another chance of cross-examination.
101 102
17
Court Questions
The court may ask any question to the witness during any stage of trial to clarify the facts. The evidence recorded by the Judge is read over by the witness & signed by him/her after getting any corrections.
104
Common witness
Definition
Witness may be defined as a person, who provides evidence about a fact in the court of law under oath & being summoned to the court to attend without failure & under penalty.
Common witness is that person, who narrates what he or she has heard or perceived or who states the facts about any case observed by him / her.
105
106
Expert witness
Expert witness, on account of his/her special knowledge, professional training & skills, is capable of giving opinion or drawing inference from the facts observed by himself or by others. Examples, Medical officer, Ballistic expert,
Chemical examiner, Fingerprint expert, Serologist & Handwriting expert, etc.
107
Common, because he/she can say the size, position & number of wounds, etc. Expert, because he/she can say with
certainty whether the wound is ante mortem or post mortem; accidental, homicidal or suicidal; age of the wound & can give opinion about the cause of death.
108
18
Hostile witness
Hostile witness is one, who gives half truth or false evidence with some definite motive. The prosecution side can declare him/her as hostile and can cross examine such a person. The leading questions are permitted in such cases by the trial court.
109
DOCUMENT
Any matter expressed or described upon any substance by means of letter, figure or Marks or by more than one of these means, which may be used, as evidence of that matter.
113
Legal Def
Important practitioner.
duty
of
Medical
114
19
Medical Certificate Most important Medical Report. Medical Notification. Medical Prescription Most common
115
For
Patient Colleagues Administrative Authorities Law Courts. Accountability Future planning
116
Every country has some kind of system for this propose . Medical document must have some proper structure or format to fulfill the specific objective for which it is prepared.
117
Absence of standard Protocol lead to inadequate compilation of fact and lead to wrong conclusion. No National protocol or design of document for guidance of Fresh Medical Practioner. Introduction of computer made easy for Maintenance of Medical Record.
118
These medical document consist of three portion. st & 3rd are common to all. 1 1st is Biodata & detail of the patient. rd is identity & registration 3 No. of Medical Practioner. Central portion Medical Information relevant to each document.
119
Medical certificate is the complete and fullest medical information about the physical state of an individual assessed after his physical examination and necessary investigations whether healthy or diseased.
120
20
The medical certificate starts with the phrase This is to certify It is of immense importance to Forensic Medicine. Prepared in pursuance of Law after Physical, sexual assaults or intoxication. Such certificate should have additional columns. Personal identity of the victim in the observation portion. Other information like hurt is self inflicted or otherwise in opinion portion.
121
Examples: Fitness for a Job, Sickness, Temporary or permanent Incapacitation ,birth, death, age & injury, postmortem certificate.
122
It is an open document not confidential. Essential of Medical certificate is correctness based on Medical Facts or Truth. If it is wrong ------ damage or penalty.
123
It is a communication between two Medical Colleagues. Limited medical information, which is prepared and supplied by investigation physician after performing a test upon a part of the body or a patient e.g. X-Ray, blood, gastric content, urine or some other fluid.
124
for To notify communicable dieses to the concerned authority like health department (EDO) or Municipal Corporation. It should be written in red ink
It is the medical information of patients suffering from either infectious or contagious diseases and thus dangerous to other members of the society and required urgent medication.
126
Medical report starts with the phrase This is to report includes only the medical facts elicited by the investigating medical examiner. It is a confidential. It is a matter of conclusion. (not Opinion). It may wrong, no damage or penalty.
125
21
Medical notification This is to notify.. includes only the suspected diagnosis. It matters little whether the diagnosis is correct or otherwise.
Duty of informing contagious cases to Municipal Medical Officer or Health lies upon registered medical practitioner by virtue of Municipal Administrative Ordinance 1960. Example: Cholera, Leprosy, Small Pox.
127
Medical notification of an industrial disease is sent to Inspector of Factories as Factory Act 1934. There are other notifications like those of birth and death, which are sent to the registration branch of Municipality or District council through the midwife or head of the family.
128
Information conveyed to the concern authority with urgency through special messenger. Information may go wrong no penalty or accountability.
Direction of medical prescription conveyed to the pharmacist through his patient dispensing of medicine the way indicated in it. Prescription should start Rx which stands for the recipe, It should be followed by the name of the medicine its concentration and direction for its use.
130
129
Prescribing of antibiotics and dangerous drugs is a privilege only of RMP by virtue of Allopathic System (prevention of Misuse) Act, 1962. Superscription a legal duty of RMP, written carefully. Pharmacist may refuse to dispense the dangerous drug to the patient without it and he would be justified in doing so.
Birth record Death record Hospital record Outdoor record register Indoor register Abstract register Vaccination register Operation theatre register Expense register
132
131
22